The trial for a Hawaii mother charged with murder in the death of her son who has been missing for nearly 20 years has been postponed until 2017.
A Hilo Circuit Court judge granted Jaylin Kema's request Monday to delay her trial until Jan. 30.
Both Kema and her husband, Peter Kema Sr., have pleaded not guilty to second-degree murder in their son's death. His trial is scheduled for Sept. 19, but is also expected to be delayed.
Police and prosecutors in the most notorious child disappearance-turned-murder case in Hawaii history declined to comment on the accuracy of a television news report that the mother of the victim is cooperating with authorities.
Citing anonymous sources, a Hawaii News Now story Tuesday reported Jaylin Kema, mother of Peter Kema Jr., aka Peter Boy, is providing police and prosecutors details about what happened to the 6-year-old boy who disappeared in 1997 and whose body has not been found.
Even if she was, that would not be subject to any type of public discussion, said Deputy Prosecutor Rick Damerville, whos handling the cases of Kema and her husband, Peter Kema Sr., who are charged with the boys murder. There are discussions between defense attorneys and prosecutors in every case, and those discussions remain private unless leaked by someone, so we dont comment on the accuracy or the inaccuracy. But most of the time they are inaccurate.
Trial has been delayed until next year for a 46-year-old Pahoa man accused of killing his then-6-year-old son in 1997.
Peter Kema Sr. was scheduled to start trial Monday for the death of Peter Kema Jr., aka Peter Boy, but Hilo Circuit Judge Greg Nakamura granted him a postponement until 9 a.m. Jan. 23.
Kema and his 46-year-old wife, Jaylin Kema, were indicted by a Hilo grand jury in April for the boys murder, about 19 years after the child vanished.
Jaylin Kema is scheduled to start trial at 8:30 a.m. Jan. 30 before the successor to Hilo Circuit Judge Glenn Hara, who retires at the end of the year.
The mother of missing Peter Boy Kema pleaded guilty to manslaughter this morning in one of the islands most notorious unsolved cases and has agreed to testify against her husband, who faces a murder trial in April in their sons death.
Four years ago we decided we would look at these cases with a fresh set of eyes, Hawaii County Prosecutor Mitch Roth told the Honolulu Star-Advertiser today. We havent forgotten about these cases. The family doesnt forget. The community shouldnt forget either. We want to make sure that justice prevails.
She likely will not be sentenced until May, Roth said, and faces a year in jail and 10 years probation.
Yes, the black sheep syndrome. Very commonI was a foster mother for 15 years. It isn't at all unusual for parents to abuse one child and make him or her the scapegoat while the others are healthy and unharmed.
Hilo Family Court Judge Henry Nakamoto on Wednesday appointed Stephen W. Lane as a special master, without compensation, to ascertain whether there are grounds for a wrongful death civil lawsuit to be filed on behalf of Peter Boys estate and to retain counsel to represent the estate.
My charge from the court is to examine the circumstances of Peter Kemas (Jr.) life and disappearance by gaining access to the records the state and others might have and then reach a conclusion as to whether or not I think there are any claims that arise from that review of those documents, Lane said Thursday. Ill file a report with the family court with respect to that and probably make recommendations.
Jaylin Kema has agreed to testify against her husband. Kema Sr.s trial is scheduled to start Jan. 23 before Hilo Circuit Judge Greg Nakamura, but likely will be delayed until April, Damerville said.
According to Lanes petition for appointment, Peter Boy hasnt been legally declared dead, which is a civil matter. His estate hasnt been established and a representative hadnt previously been appointed to represent (Peter Boys) interests relating to his disappearance and/or death. The filing states Peter Boys siblings were referred to Lane and they sought his appointment.
Lane said hell wait for the outcome of the criminal proceedings, in deference to Hawaii County Prosecutor Mitch Roth.
Peter Kema Sr. was scheduled to start his second-degree murder trial Monday for the 1997 death of Peter Kema Jr., aka Peter Boy. Hilo Circuit Judge Greg Nakamura granted the delay to Kema Sr. and his court-appointed attorney, Stanton Oshiro, so they can prepare for the testimony of Jaylin Kema. Kema Sr.s wife and Peter Boys mother was also charged with second-degree murder for the boys death, but pleaded guilty to manslaughter on Dec. 1. As part of her agreement with prosecutors, shell testify against Kema Sr. at his trial.
Deputy Prosecutor Rick Damerville told Nakamura they were hoping trial would start earlier in April, but acknowledged the courts calendar is crushing.
Im always hopeful were going to find Peter Jr., Damerville said after the hearing. Personally, I dont think this is the kind of case where were never going to find the boy. I hope not. When rumors come to us, police are going to look. But weve already used a lot of the resources that we have in the past, including ground radar. And so far, we havent found him. But were still looking and interested in continuing to look.
Damerville said jury selection for Kema Sr.s trial could take awhile.
This week, questionnaires are being sent to prospective jurors in the case. Its unclear how many people received the questionnaire or how big the jury pool will be.
In December 2016, Jaylin Kema pleaded guilty to a lesser charge of manslaughter for the death of her son, and agreed to testify against her husband. As part of the deal, she can be released from jail at the end of next month.
The focus now shifts to Kema Sr.s murder trial, which is scheduled to start on Tuesday, April 25, in Hilo.
Family members, a forensics expert, and a psychologist will be among those testifying in the murder trial of Peter Kema Sr.
The list of witnesses filed by Hawaii Island prosecutors in Hilo Circuit Court includes more than 50 names.
Family members will likely testify about the abuse Peter Boy had to endure, and experts will tie that into the childs death.
Jaylin Kemas testimony will carry a lot of weight in the trial. During her plea agreement in December, deputy prosecutor Ricky Roy Damerville said in court that she had lots of opportunities to report the abuse and get help for her son.
But because she was abused by her husband, Damerville said she was too afraid and based upon that fear, she declined to acquiesce in allowing the child to be taken out of the home.
Deputy prosecutor Ricky Roy Damerville says its not just the publicity. Because the case involves domestic violence, that makes it even harder to find jurors.
The Hawaii State Judiciary sent out 500 questionnaires, which is the typical amount for a high-profile case.
Questions include whether theyve heard of the case. If so, do they have an opinion on whether Peter Kema Sr. is innocent or guilty? Do they feel they can be fair as jurors?
Damerville says its okay if prospective jurors know something about the case, but the critical question is whether they can be impartial.
If you have an overwhelming number of prospective jurors who said point blank that they couldnt be impartial, then Houston, you have a problem, said Damerville.
In December, Peter Boys mother, Jaylin Kema, pleaded guilty to manslaughter and agreed to testify against her husband. During her court appearance, Damerville told the judge that Jaylin Kema did not get help for Peter Boy because she was afraid of her husband.
Damerville told us Monday that this issue makes it that much harder to find jurors.
Domestic violence, people have very strong feelings and some have bad memories, bad experiences in their lives which can affect their ability to be fair and impartial, Damerville noted.
In a major development that could offer much-needed closure in one of Hawaii's most well-known murder cases, Peter Boy Kema's father is expected to change his plea in court Wednesday afternoon after negotiating a plea deal in the 1997 death of his 6-year-old son, Hawaii News Now has confirmed.
Peter Kema Sr. and his attorney have been talking to police and prosecutors for weeks on a possible plea deal that would allow him to avoid a murder trial, sources say.
By pleading guilty, he'd be spared the possibility of life in prison. In exchange, Kema would have to reveal what happened to Peter Boy -- and tell authorities where his son's body was disposed of. And he would still spend a significant amount of time in prison.
Kema is 46 years old and would be in his 60s before he would be released.
While the possibility of a lighter sentence might draw criticism, Peter Boy's family has long made clear what they want more than anything else is answers.
After two decades, Peter Boy Kemas disappearance is no longer a mystery.
On Wednesday, his father, Peter Kema Sr., changed his plea to guilty to charges of manslaughter and hindering prosecution.
Are you pleading guilty because after discussing all the evidence and receiving advice of the law from your lawyer, you believe that you are guilty? asked Judge Greg Nakamura.
Yes I am, Your Honor, Kema responded.
As Nakamura stated in court, The state agrees that it will recommend concurrent sentences between the two counts if you provide information which results in the successful recovery of Peter Kema Jr.s body or, if the body cannot be recovered, that you pass a polygraph examination regarding the location of a scene.
How confident are you that youll be able to find what everybodys been hoping to find? KHON2 asked Hawaii County Prosecutor Mitch Roth.
Its hard, Roth replied. There is a possibility that were not going to find the body, and thats why weve asked for him to find the polygraph examination, and were pretty confident that well get something.
Kema is scheduled to be sentenced June 9.
Roth says if Kema had gone to trial and was convicted of murder, he would have faced a life sentence.
Instead, he now faces up to 20 years in prison and/or a $15,000 fine for the manslaughter charge, and five years in prison and/or a $10,000 fine for hindering prosecution.
Roth says as part of the deal, Kema must serve a minimum of six years and eight months before he is eligible for parole, however I have a lot of faith in the parole board that hell probably do most of that 20 years, if not all of the 20 years.
So wait....the wife only had to serve 1 year for abusing/killing her son?!
For years, the half-sister of Peter Kema Jr., also known as Peter Boy and Pepe, believed against all odds and against all reason she would see her brother alive again.
But after her parents, Jaylin Kema and Peter Kema Sr., pleaded guilty to manslaughter for allowing the abused 6-year-old boy to die in 1997 without seeking medical attention, she takes solace in her belief Peter Boy is with God.
I know hes in heaven, Acol told the Tribune-Herald on Thursday. Its more about knowing where he was at his last days. They talked about (Jaylin Kema) doing CPR on him and all that, but in the end, he died alone and by himself. But I know God is good and he is with God in heaven.
We just want his body, even if its just the bones. We just want something to be able to love on this little guy one last time, Acol said. Because we know hes in heaven. So its just closure for the people who knew him and loved him and were with him and wanted nothing but good for him.
And if the search for remains comes up empty?
As long as the polygraph test comes back that Peter (Kema Sr.) was telling the truth about what happened in the end, that is enough closure.
Weve now learned that over the weekend, Kema led police and county prosecutor Mitch Roth to an area in the Puna district of Hawaii Island to search for his remains.
It started on Sunday at around 10:30 a.m. Kema was accompanied by his attorney, Stanton Oshiro.
Deputy prosecutor Ricky Roy Damerville wouldnt disclose the exact search location because, he says, the investigation is ongoing. But he did tell us investigators have not yet found any remains.
He noted that Kema is being very cooperative with police.
As for why it took so long for the search to begin, Damerville explained, any delay in getting this done has been scheduling the defense attorney. He is a very busy and popular guy. First opportunity we had was Sunday.
Police are now consulting with experts to figure out the next step. Damerville says the case has caught nationwide attention, and all options to find Peter Boy are being looked at thanks to expert help from different law enforcement and agencies.
A number of agencies from around the country have volunteered their services to assist in any way they can. We are very appreciative of offered services, he said. People who have, for instance, different types of radars that can search the ground, different types of divers if you need divers. All kinds of groups volunteered their services.
Prosecutor Mitch Roth says the day was filled with emotional, touching moments, and tears.
As we were driving out this morning, came across a patch of rain, and we were in two different cars, Roth said. We talked about tears from heaven. The aunty said it was Peter Boy crying that Youre finally coming for me.
When we got to the location, the rain stopped and clouds parted and there was sun, Roth added. It was a beautiful moment sad, but touching and spiritual.
Candles were lit and prayers were said, according to Roth. Officials who escorted the family gave them a small vial to take some of the soil back home with them.
The grandfather, when he got out there, the whole family said a prayer, and one of the comments he made, he said a prayer to his wife who had passed away. On her deathbed, he made a promise to her he wouldnt stop looking, so when he got there, he said, We found him, to her and its now in your hands. That was his comment, Roth said.
Theyre asking the public not to try and find Peter Boy on their own, no matter how good the intention.
Eventually all this will come out and we can explain later, but at this point, we dont want people going in and chopping through whats still a crime scene, Roth said. Were hoping we can find whatever we can, whatever remains we can to bring back to the family.
Authorities are also prepared for the possibility that Peter Boy will never be found.
As far as the legal side, the plea agreement, if we cant find remains, Kema will have to take a polygraph to tell us where he left body, Roth said. We feel confident where he brought us to was where he disposed of his son, however he also lied for 20 years, so were not 100 percent.
Jaylin Kema is scheduled to appear in a Hilo courtroom on Thursday when a judge will consider a motion for her supervised release.
With no success in the search for Peter Boys body after nearly two months, prosecutors say sentencing for the boys father will likely be delayed.
Peter Kema Sr. agreed to reveal the location of his sons body as part of a plea deal, so what happens next?
Prosecutors say Kemas attorney will be asking the judge to push back the sentencing, which is scheduled for Friday.
As for Peter Boys mother, Jaylin Kema is scheduled for sentencing on June 13. She would have been required to testify against her husband had there been a trial.